Church plans to build houses and flats in the garden of a house in Bullbrook have been given permission on the grounds that new legislation on ‘garden-grabbing’ does not ban such developments.

The Oxford Diocesian Board of finance has been given permission to build three houses, including a rectory, in the garden of 24 Park Road despite more than 10 neighbours writing to the council to object.

Government legislation introduced last month aimed to curb ‘garden-grabbing’ – a process where developers buy properties with large gardens so they can build more homes on the land.

The move meant that local authorities, such as Bracknell Forest Council, were no longer obliged to accept such applications but does not stop them giving permission if they are deemed suitable.

Bracknell Forest Council’s planning department met to discuss the application last Thursday and ruled that plan was acceptable.

During the meeting, Councillor Alvin Finch queried whether the new legislation should mean the application be blocked.

But council planning officer Bev Hindle said: “I wouldn’t suggest that because of this new definition that nothing can happen in gardens.”

Cllr David Worrall, chairman of the planning committee added: “There is nothing that precludes the use of development of a garden.

“It depends on the harm that is being done.”

The three, four-bedroomed houses will be set back from the street, and would involve the demolition of number 24.

The plans also include the extension of flats at number 26.

Neighbours wrote 11 letters to the council to object to the plans on the grounds that they would be detrimental to the character of the area and that vegetation would be removed, and some complained that the houses could overlook other properties.

Cllr Worrall said: “This is a fairly small development and it is low-density, well below our guidelines.

“All the views that have been raised have been taken into account but it is considered to be satisfactory.”

Councillors voted to approve the application but some voiced their reluctance.

Cllr Shelagh Pile replied to Cllr Worrall by saying: “I hear what you’re saying but I don’t agree because this is still taking gardens.